Three Track System

Question 1

What is the limit for the small claims track?

Answer 1

• Used to be £5,000, but has recently increased to £10,000
• Personal injury and housing cases are limited to £1,000

Question 2

Who hears small claims track cases and what must they do?

Answer 2

• A District judge
• Use a more inquisitorial approach
• Given special training to deal with small claims
• Must play an active role by asking questions and making sure the parties understand everything and are able to explain all the important points of their case

Question 3

What are people encouraged to do in small claims track cases?

Answer 3

• Represent themselves, to keep costs low
• Possible to have a lawyer to represent you at a small claims hearing, but the winner cannot claim the costs of the losing party.

Question 4

What court are small claims track cases heard in?

Answer 4

• County
• Usually heard private, but can be in an ordinary court.

Question 5

How long do small claims track cases take?

Answer 5

2-3 hours

Question 6

What is the limit for fast track cases?

Answer 6

• Straightforward disputes of £10,000 - £25,000

Question 7

Who hears fast track cases?

Answer 7

• A District judge in an open court with a more formal procedure than small claims.

Question 8

What are fast track cases heard within?

Answer 8

• A very strict timetable to prevent time wasting and running up unnecessary costs

Question 9

How long do fast track cases aim to heard in?

Answer 9

Within 30 weeks from pre-trial matters but ends up being 50 weeks

Question 10

How long do fast track cases last?

Answer 10

1 day

Question 11

What court are fast track cases heard in?

Answer 11

• County court

Question 12

What is the restriction in fast track cases?

Answer 12

One expert witness

Question 13

Multi-Track money

Answer 13

• Cases over £25,000 or for complex cases under this amount.
• Between £25,000 and £50,000 are usually heard in the County Court, but can go to the High Court should they involve complex points of law.
• Over £50,000 generally go to the High Court.

Question 14

Who hears multi-track cases?

Answer 14

• Circuit Judge

Question 15

Roles of the judge in multi-track

Answer 15

• More of a managerial role
• Responsible for identifying the issues at an early stage, encouraging parties to seek ADR, dealing with procedural steps without the parties needing to attend court, and setting a strict timetable to prevent waste of costs